1000 TIT BITS ON DISCIPLINE -76
265. Communication of order by lower authority is permissible
Where the order of dismissal is passed by the authority duly competent its mere communication by the lower authority does not contravene Art. 311(1) of the Constitution
[P. Balakotaiah v. Union of India, AIR 1958 SC 232].
[P. Balakotaiah v. Union of India, AIR 1958 SC 232].
266. Protection of Art. 311(1) does not extend to the issue of charge sheet
Art. 311(1) deals with final order of dismissal or removal. It is not concerned with interlocutory stage of issue of charge sheet. However, it does not mean that charge sheet can be issued by any authority. An authority can issue charge sheet with statutory backing alone
[State of M.P. v. Shardul Singh, (1970)1 SCC 108].
267. An ad-hoc Disciplinary authority can be appointed but it should be of equal rank to original Appointing authority
Where it becomes necessary, power to dismiss or remove can be conferred by the Government on an officer other than the appointing authority provided the officer so appointed is not subordinate in rank to the original appointing authority.
[State of U.P. v. Ram Naresh Lal, AIR 1970 SC 1263]
268. Position on transfer of the employee
If an employee is transferred from one office to another at the same place or to another station, it shall be the authority at the new office under whose administrative control he is working who shall have the power of appointing and the disciplinary authority. This position remains unaffected even if the charge sheet was issued before transfer but final decision is taken after that
[Allahabad Bank v. Prem Narain Pande, (1995)6 SCC 634).
Great post! This detailed explanation of the rules surrounding the communication of orders by lower authorities under the Constitution is really insightful.
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It helps clarify the legal nuances related to the authority of lower-ranking officials in implementing decisions, such as dismissals and charge sheets. The reference to various cases provides a practical understanding of how these rules have been interpreted by the courts. It's a valuable resource for anyone working in administrative or legal roles. Keep up the great work in sharing these important titbits on discipline!
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